Civil law evidence serves to provide the judge in a civil procedure with a reasonable degree of certainty regarding the facts put forward by the parties in order to convince them that the facts have been shown. In terms of civil or private evidence, it generally has other conditions than for evidence in criminal law. The right of evidence applies in the summons procedure and for the petition procedure unless the nature of the case is opposed. Evidence in Dutch civil law
The evidence in Dutch civil procedural law is governed by the Code of Civil Procedure. With regard to the evidence, a so-called open system is used. This is linked to the accusatory nature of civil law. In the Netherlands civil law, the truth finding is not the highest priority, but is based on what the parties claim. Based on the principle of autonomy, it is assumed that the parties themselves should act as their own interests in the manner they choose. In addition, they determine the subject matter of the dispute and the facts which they regard as relevant legal facts to a high degree. The judge has a major "temporary" role. As regards the evidence, there is no restriction to five categories, such as in criminal law. In principle, all evidence is possible. It is also true that facts considered by one party and not contested by the other party or inadequate must be considered by the court. In principle, therefore, the court will not ask for additional evidence. This is necessary, however, if acceptance of the alleged facts would lead to a legal result that is not free of charge by the parties. Neither as in criminal law, facts or circumstances of general publicity need to be proved.
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